Phone Recording

North Carolina Divorce Law Divorce and Separation Answers
1

If you are recording a conversation between you and another person and that person asks if they are being recorded, do you have to tell them?

2

Ms. Clarey addressed this somewhat in an earlier post:

[quote=“Erin Clarey”] Fri Jan 29, 2010 11:51 am
North Carolina is a one party consent state, meaning so long as one party to the call consents to the recording, it is legal. The recording party’s consent is sufficient.[/quote]

From what she said, my guess is that you should go ahead and tell them you’re recording it, but you can do it anyway.

3

Well I needed to know if I had to say, yes. She asked and I said no. Taking the law for what it was, one persons concent, I figured I could say no, since she has the choice to hang up if she thinks I’m recording it.

  1. Will adultery and the fact that my wife is sleeping at another mans house weight on custudy for my children? Or does it at all? She has admited I was not abusive, and admited to having sex with him while we are not legally separated, on more then one recorded phone conversation.

  2. I read somewhere that phone conversations could not be used in a “domestic” case. As for right now there is no domestic case pending, that I know of. Would the recordings be admissiable if recorded before a domestic case was filed?

  3. I also wanted to know if there were any grounds to presue a AA/CC suit. I have e-mails from my wife saying that she wanted to work it out and that she loved me. Along with letters she was writing to him at the same time say the same things. As well as a letter from him to her professing his love. I called him and told him before these letters were writen that she was still married, yet he still pushed on.

4

Adultery is not a determinative factor in custody cases. While the court can consider the immorality of the adulterous spouse, it is only one factor among many relating to the best interests of the children.

Phone recordings can be used in domestic cases, no matter if they were recorded prior to the commencement of the action.

You do have a cause of action for an AA/CC suit.